HomeMy WebLinkAboutResolution 2771 Vacate and Abandon a Portion of Orange Street
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COMMISSION RESOLUTION NO. 2771
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF
SAID COMMISSION TO VACATE AND ABANDON A PORTION OF
ORANGE STREET LYING BETWEEN THE EAST ONE-HALF OF BLOCK
50 AND THE EAST ONE-HALF OF BLOCK 53 OF THE NORTHERN
PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA.
WHEREAS, Ordinance No. 999 dated November 16, 1977 attempted
to vacate a portion of Orange Street; and
WHEREAS, said Ordinance of vacation and the legal
description contained therein has caused some uncertainty as to
what portion of Orange Street was in fact vacated; and
WHEREAS, that portion of the street petitioned to be vacated
has never been constructed; and
WHEREAS, it appears to the City Commission to be in the best
interests of the City of Bozeman and the inhabitants therein that
said street be vacated, provided that said vacation does not
affect the right of any public utility to continue to maintain
its plant and equipment in said street.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
the City of Bozeman, Montana, that:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City
Commission of the City of Bozeman to vacate a portion of Orange
Street while preserving an easement therein for any public
utility to continue to maintain existing plant and equipment in
said street, more particularly described as follows:
That portion of Orange Street located between the east
one-half of Block 50, Northern Pacific Addition, and
the east one-half of Block 53, Northern Pacific
Addition, which lies west of a straight line from the
northeast corner of Block 52, Northern Pacific
Addition, to the northeast corner of Block 50, Northern
Pacific Addition. (See attached Exhibit A.)
Section 2
Notice
That the City Manager of the City of Bozeman is hereby
directed to cause notice of the adoption of this Resolution of
Intention to be served in the same manner that service of summons
is required upon all persons who are owners of property that abuts
upon the portion of the above-described street affected by the
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proposed vacation and to be published once in a daily newspaper
of general circulation in the City of Bozeman, which notice shall
state the time and place at which objections will be heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City
of Bozeman to be held at the Commission Chambers in the City Hall
Building, 411 East Main Street, Bozeman, Montana, on Monday, the
15th day of January , 199-90, at the hour of 7:00 o'clock p.m.
of said day is the time and place where and when the City
Commission will hear all objections to the vacating of said
street.
PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana at a regular and stated session of said City
Commission, held on the 18th day of December , 198 9 .
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ALFR M. STIi7: ~;o~ -
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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NOTICE IN RE
COMMISSION RESOLUTION NO. 2771 OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID
COMMISSION TO VACATE AND ABANDON A PORTION OF ORANGE
STREET LYING BETWEEN THE EAST ONE-HALF OF BLOCK 50 AND
THE EAST ONE-HALF OF BLOCK 53 OF THE NORTHERN PACIFIC
ADDITION TO THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY given that on the 18th day of December ,
198~ at a regular meeting of the City Commission of the City of
Bozeman, Montana, said Commission duly and regularly passed and
adopted Commission Resolution No. 2771 , entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF
SAID COMMISSION TO VACATE AND ABANDON A PORTION OF
ORANGE STREET LYING BETWEEN THE EAST ONE-HALF OF BLOCK
50 AND THE EAST ONE-HALF OF BLOCK 53 OF THE NORTHERN
PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA.
A copy of said Resolution No. 2771 is on file in the Office
of the Clerk of the Commission at 411 East Main Street, Bozeman,
Montana, which sets forth the description of the proposed street
vacation.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 15th day of
January , 1 9 ~g , at 7:00 o'clock p.m. at the Commission
Chambers of the City Hall, 411 East Main Street, Bozeman,
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Montana, is designated as the time and place to hear objections ,
to the vacation of said street as more particularly described in
said Resolution of Intention, and is the time and place for any
person whose property abuts upon the portion of the street
affected by the proposed vacation to appear and object, if they
wish to do so.
This notice is given pursuant to Section 7-3-4448, Montana
Code Annotated.
DATED this 19th day of December , 1989.
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Crerk of the Commiss1on
Publish: Wednesday, January 3, 1990
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BOZEMAN CITY POLICE DIVISON
RETURN OF SERVICE
I do hereby ceritfy that I received a true copy of the
Notice in Re for Commission Resolution No. 2771 of the City of
Bozeman, Montana, stating the intention of the City Commission to
vacate and abandon that portion of Orange Street lying between
the east one-half of Block 50 and the east one-half of Block 53
of the Northern Pacific Addition to the City of Bozeman, and
personally served the same upon John L. Goerke and Gloria M.
Goerke on the 3rd day of January
, 198-g0, by
delivering to him and her, personally at 415 North Broadway
Avenue, Bozeman, in Gallatin County, State of Montana.
John L. Goerke Gloria M. Goerke
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:fignature Signature
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